VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 19
VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 19
19 . Suspending or cancelling registration
(1) Under
section 58B of the Act, the Council may suspend or cancel a WA registered
provider’s registration if it is satisfied as to any of these
matters —
(a) the
provider was registered as a result of false or misleading information given
by the provider;
(b) the
provider has requested or consents to the suspension or cancellation;
(c) the
provider has ceased to exist;
(d) the
provider does not comply with the registration standards or the AQF;
(e) the
provider has contravened a condition to which its registration is subject;
(f) the
provider is not a fit and proper person to be registered having regard to the
matters in regulation 12(6);
(g) the
provider has not paid any annual fee in accordance with regulation 15.
(2) Under
section 58B of the Act, the Council may suspend or cancel a WA registered
provider's registration for a reason specified by subregulation (1) even if
—
(a) the
Council is no longer satisfied that the provider satisfies the criteria for
making an application for registration under regulation 10(1); or
(b) the
provider has applied to another registering body to be registered as a
training provider under a corresponding law or the Commonwealth Act.
(3) The suspension of
a WA registered provider’s registration may relate to the whole or a
part of the provider’s scope of registration, as the Council decides.
(4) To suspend a WA
registered provider’s registration, the Council must give the provider a
written order suspending the registration that includes —
(a) the
reasons for the suspension; and
(b) any
terms applicable to the suspension under regulation 20.
(5A) The reasons for
the suspension referred to in subregulation (4)(a) must identify specific
issues to be addressed by the applicant.
(5) If a WA registered
provider’s registration is suspended, the provider does not cease to be
a registered training provider.
(6) The Council must
not cancel a WA registered provider’s registration unless it has
consulted any registering body that has, or may have, registered the provider
under a corresponding law or under the Commonwealth Act.
(7) A contravention of
subregulation (6) does not affect the validity of any cancellation of the
provider’s registration.
(8) If the Council
cancels a WA registered provider’s registration, the Council must, if
practicable, give the provider written notice of its decision and the reasons
for it.
[Regulation 19 amended: Gazette
25 Oct 2011 p. 4510; 17 Dec 2013 p. 6223;
15 Jul 2014 p. 2463; 10 Mar 2015 p. 831.]